Neutral Citation No. - 2025:AHC-LKO:47122 Court No. - 12 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5024 of 2025 Applicant :- Shivam Verma @ Lala Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Applicant :- Manoj Kumar Mishra,Avnish Kumar Singh,Divya Dwivedi,Piyush Tripathi Counsel for Opposite Party :- G.A.,Deepak Kumar Hon'ble Karunesh Singh Pawar,J. Case called out. None appears for the complainant. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. In the prosecution case, it is alleged that the minor daughter of the informant aged about 15 years was being molested by the applicant for the past six months. On 1.4.2025, he enticed away the victim and raped her. Learned counsel for the applicant submits that in the statements under Sections 180 and 183 BNSS, although the victim has supported the prosecution case. However, during trial, the three witnesses of fact i.e., PW-1, PW-2 and PW-3 have not supported the prosecution case and they have been declared hostile. It is further submitted that the applicant has explained the criminal history of three cases in para no. 3 of the supplementary affidavit. He is languishing in jail since 4.4.2025. There is no possibility of the applicant of fleeing away after being released from jail or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. On due consideration to the submissions advanced, perusal of the record so also the fact that the three witnesses of fact i.e., PW-1, PW-2 and PW-3 have not supported the prosecution case and they have been declared hostile; the applicant has duly explained the criminal history in the supplementary affidavit; he is languishing in jail since 4.4.2025 and without expressing any opinion on the merits of the case, I find it to be a fit case for enlarging the applicant on bail. Accordingly, the bail application is allowed. Let the applicant- Shivam Verma @ Lala involved in Case Crime No. 140 of 2025, under Sections 65(1), 351(2), 351(3) of B.N.S. & Section 5/6 of POCSO Act, Police Station- Gosaiganj, District- Sultanpur, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:- (i) The applicant will not tamper with the evidence during the trial. (ii) The applicant will not pressurize/ intimidate the prosecution witness. (iii) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence. (iv) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him in accordance with law. (vi) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 84 B.N.S.S. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of B.N.S. Order Date :- 12.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench